ATA/444/1996•Late premiums must be claimed directly from adult insured daughter
ATA/444/1996Tribunal de Justiça / Câmara Administrativa27 de ago. de 1996Granted
Extraído pela Omnilex
The court held that the insured daughter was already of age when she signed the insurance proposal. As a result, the insurer could not seek overdue premiums from the recourant and had to address its claim directly to the daughter. The appeal was therefore allowed in substance on the liability for premium arrears.
LAMA.30; contribution claim for overdue premiums against the person who is directly bound by the insurance relationship; where the insured child is already of age when signing the insurance proposal, the insurer must pursue that adult person directly for premium arrears and may not charge the parent on that basis. The decisive criterion is the legal capacity and majority of the signatory at the time the contractual declaration is made; liability follows the person who validly entered into the insurance commitment.
Descripteurs
ASSURANCE SOCIALE; AM; PRIME D'ASSURANCE; ASSU
Normes
LAMA.30
Résumé
Dès lors que la fille du recourant était majeure au moment où elle a signé la proposition d'assurance, l'intimée devra lui réclamer directement les primes de retard.
Extraído pela Omnilex
Whether overdue insurance premiums may be claimed from the father instead of the adult daughter who signed the insurance proposal.
Because the daughter was adult when she signed the insurance proposal, the insurer must claim the overdue premiums directly from her.
The decisive fact is the daughter’s majority at the time of signature, which makes her the person directly liable for the premium debt rather than the recourant.
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